County attorney: Counselor's sex assault sentence too lenient

By Alexander LaCasse alacasse@seacoastonline.com

Tuesday

Jul 10, 2018 at 5:51 PMJul 11, 2018 at 8:27 AM

BRENTWOOD — Rockingham County Attorney Patricia Conway said Tuesday a prison term that could end with parole after 30 months is not enough for former Exeter High School guidance counselor Kristie Torbick, who pleaded guilty to sexually assaulting a 14-year-old student on multiple occasions.

Supporters of the 39-year-old Torbick spoke in glowing terms about her in court Monday, urging leniency in the sentencing from Judge Andrew Schulman after prosecutors asked for 5 to 10 years in prison. The teen victim, who had earlier told the court about the lasting effects of the assaults, left the court in tears at one point while listening to their praise of Torbick.

“The criminal justice system is often a frustrating and intimidating place for crime victims," Conway said in a prepared statement. "Despite that, the victim in this case demonstrated tremendous courage and resolve throughout the investigation and prosecution. Kristie Torbick betrayed her position of trust within the community as a guidance counselor by perpetrating horrible crimes against a young victim. While the Rockingham County Attorney’s Office respects the decision of the court, it disagrees with the sentencing decision given Torbick’s actions and the position that she held.”

Torbick received to a pair of concurrent 2½- to 5-year prison terms from Schulman. She also received two 3½- to 7-year suspended prison sentences. Torbick pleaded guilty to four counts of aggravated felonious assault of the teenager, who spoke in court Monday and returned to see the sentencing after leaving in tears as Torbick's supporters tried to explain her actions. The student described having post-traumatic stress disorder and was hospitalized with suicidal thoughts. "This crime not only impacted me but other Exeter students as well, as some of my closest friends trusted her to provide counseling to them as well," the student said.

Assistant Rockingham County Attorney Melissa Fales prosecuted the case and had asked Schulman to sentence Torbick to 5 to 10 years.

Deputy Rockingham County Attorney Jennifer Haggar said once Torbick was willing to admit her guilt in court, the prosecution put together its most persuasive sentencing argument of no less than five years in prison as appropriate given the facts and impact of the crimes committed.

“The state entered into the plea knowing that it would be up to the court to hand down the sentence,” Haggar said. “We are often in a position where we cannot negotiate a sentence with the defense and even with a conviction after trial, the sentence lies within the discretion of the judge.”

Torbick's supporters in court included Zanna Blaney, dean of students at Bedford High School, where Torbick formerly worked, and Shelly Philbrick, a guidance counselor at Newfound Regional High School who previously worked with Torbick at a summer camp for children diagnosed with cancer.

Blaney spoke about Torbick's skills, saying, “I never, at any point, witnessed misconduct with our student population. In fact, she was far and away the strongest school counselor in the department. She would help others to clearly define boundaries necessary to work with students in a supportive and productive way.”

Philbrick said, “(Torbick) too has suffered a great loss ... a loss of reputation, loss of credentials, loss of dignity and the potential loss of the respect of her children when they are old enough to understand what has happened." Philbrick then acknowledged "Kristie’s crossing of professional boundaries" but added, “I know in my heart the intent was for her to help.”

New Hampshire Coalition Against Domestic and Sexual Violence public affairs director Amanda Grady Sexton said the schools where Torbick's defenders are employed should be concerned about their statements.

“It shows a significant lack of understanding among these educators of the severity of the crime this victim suffered when they should be concerned about protecting the safety of their students,” Grady Sexton said. “We absolutely agree with the county attorney’s office asking for a fitting sentence in this case. When courts and schools don’t hold perpetrators accountable, it’s a chance for sexual predators to use a position like guidance counselor to gain access to children.”

Grady Sexton said prison sentences in general for sex crimes in New Hampshire are too lenient.

"The lifelong effects on both girls and boys who are victims of sexual abuse makes it extremely difficult for normal adolescent development,” she said. “A sentence like this sends the message to kids in other schools the crime of sexual assault was not that significant in the eyes of the court and seeing other guidance counselors defend the perpetrator has a chilling effect on other students willing to report cases of abuse.”

As a result of her guilty plea, Torbick was forced to surrender her New Hampshire educator’s credentials, and she will be required to register as a sex offender. The New Hampshire Department of Education said the revocation of Torbick’s credentials will be entered into the National Association of State Directors of Teacher Education and Certification database so she will no longer be able to work in any education system in the United States. Torbick worked at EHS for the 2016-2017 school year.

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